For parliamentary democracies and constitutional monarchs like Malaysia, balancing between

control and freedom of the media is increasingly difficult in new media, especially social
media. The Federal Constitution of Malaysia clearly provides freedom of speech to all
citizens but there are necessary restrictions obeyed. The issue of insulting Kings in the new
media is becoming more widespread and researched This aims to explore the concept of new
media control and freedom. Applied research new media content analysis method based on 4
cases of insulting kings on the site blogs, Twitter and Facebook. The study found that
although the law has been established, there are still a few people who violate the rules.
Control such as the enforcement process is also becoming more difficult and measures to
increase awareness need to be improved. Existing regulations and legislation are still
insufficient and need to be strengthened if the symptom of insulting the sovereignty of the
institution of the King is wanted eliminated.

Introduction

Malaysia is a country that prioritizes the development of information technology and

communication but still practice the policy of "tolerance and liberalism based on the line set
guidelines" in dealing with the media boom (Parliamentary Statement 2001). The
development of information technology at the global level also colors the development
communication in Malaysia, and give the audience a variety of media options. From
traditional media such as newspapers, magazines, telegraphs, films, radio and television,
today's audience faced with new media options driven by technological developments
information. The more technology develops, the more new elements there are will exist. So in
1987 Malaysia began to receive a new known media as the internet.

This paper will aim to discuss media control and freedom new, especially the use of
social media on the internet, and its connection with the institution of the King Constitutional
in Malaysia. Four legal case studies will be elaborated to see the impact of media freedom
and how the government tries to control that freedom for the sake of it ensure the purity and
sovereignty of the Constitutional Monarch is preserved. Method which is used is the analysis
of page content from blogs, Twitter and Facebook contains the offense of insulting the Malay
Kings.
 CONCEPT OF MEDIA CONTROL AND FREEDOM

Media control and freedom, especially in relation to freedom of human rights, is not an issue
new in the world. In fact, it has been debated by most countries for many years first. The
earliest declaration of fundamental freedoms agreed upon and adopted together at the
international level is the Universal Declaration of Human Rights 1948 (UNESCO 1948).
Clause 19 of the Declaration specifically about media freedom saying "Everyone has the right
to freedom of opinion and expression; this right includes freedom to hold opinions without
interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers.” Freedom of speech here includes efforts to find, receive and channel
information and opinions through any media, as well as without borders.

In Malaysia, Part II of the Federal Constitution is all about freedom foundation, while
Article 10(1)(a) specifically says that “every citizens have the right to freedom of speech and
expression". In other words, The Malaysian constitution has guaranteed the right to freedom
of expression and communication thus, the right to media freedom, to all its citizens.
however, Clauses 2, 3 and 4 in the same Article 10 in the Federal Constitution also
mentioning that freedom has restrictions if it affects interests public safety or order.

The concept of media control, or media information control, was elaborated by Kent
(1975). as any process that affects the flow rate or type of information available in a media
system. Kent (1975) outlines several forms of media control, that is, filtering that involves
efforts to hide or limit the number some information that is published, as well as information
that is distorted (distorted) in order to protect the interests of one party only. However, media
control is subject to change as a result of (1) the development of increasingly sophisticated
technology, (2) changes in society more heterogeneous resulting in the centralization of
media control becoming more difficult to contain and this is less economically productive,
and (3) the taste of the audience/audience increasingly sophisticated due to the improvement
of living standards and education.

Siebert, Peterson and Schramm (1956) described group adherence a political ideology
namely Authoritarian, Social Responsibility, Libertarian and Communist Soviet, influenced
by control characteristics. According to them, media control is very significant in the Soviet
Authoritarian and Communist type media, that is, the media is very clearly controlled by a
certain party, usually by the Government, and the media audience ie the people are not have
the option to determine the form of information received. All four elements was actually a
tool used to measure the degree of freedom or level control, by associating it with a system of
freedom or control. In this case, Sibert et al (1956) associate this control and freedom more
with power, that is with political groups and elites, especially the government. However,
libertarians refers to freedom, meaning freedom from the control of political power. Concept
debate this freedom and control began to develop in the middle of the 20th century in
particular after the end of the Second World War, when more countries were once colonized
now gain independence. This sparked a spirit of nationalism in the circle local people who
want the people to have more free speech but be controlled accordingly the will of the newly
built government.

In the same period, Namurois (Paulu 1967) also touched on the concept of control
media that is similar to the four media theories by Sibert above. However, the concept
Namurois (Paulu 1967) divided media control into four categories based on the type of
media, i.e. the type of media controlled by the government; which type of public company
operate autonomously under a government charter; media type based a public interest
partnership that is controlled by a private company but owns an interest government; and a
type of private company media that is weak in terms of government control. Namurois'
explanation is interesting because he relates the concept of control from the government's
perspective on the company or media body.

By the 1970s, scholars began to change their assessment of the concept of control and
freedom. Turning to the broadcasting aspect, Merrill and Lowenstein (1971) divided media
control into a three-pronged media system typology: general control (cultural and information
planning), commercial control (entertainment and sales) and political control (indoctrination).
Any country or television station can be included in the triangle depending on the form of
control imposed, for example the BBC is placed close to the corner of general control
because it is very influential by British cultural and information planning, while private
television stations in The United States is closer to the corner of commercial control,
following their stance that is very concerned about business profits.

In the 1980s and above, there was a tendency to downplay the absolute power of the
government that controls or dominates the media. Chomsky (2002) has linked media control
with propaganda masterminded by the government rule According to him, the government
will ensure that the media is controlled in such a way to influence the opinions, thoughts and
perceptions of the people to be in line with their principles and actions. The media will agree
to broadcast the news and one-way view, and this liberal democratic understanding is not the
same as the theory of Marxism and Leninism.

New media is also seen as a media that needs to be controlled despite the nature of this
media different from traditional media. Media control is a way to curb things information
intentionally by a certain party in any method, usually by a government or media company
owner. Media controls are defined as methods which is used intentionally to block, filter,
cancel and ban any information that a media organization wants to convey to the public (Wan
Amizah 2008).

Control is a process of filtering information and ideas that are distributed in a society
(Wan Amizah 2008). Censorship is not one a new concept in today's modern world. This is
because, censorship has appeared in the 20th century through the examination of books, radio
or television shows, films, plays and news reports (Wan Amizah 2008). The concept of
filtering is also used in times ancient where the society in that era had customs, taboos, rules,
ways of dressing, religious elements. Therefore, filtering is used to regulate the above
elements. In Athens, however, where the system appeared democracy, then censorship is a
well-known element as a way to enforce orthodoxy. Plato was the first thinker to give
rationality for intellectual, religious and artistic censorship. He also forbade the mothers from
telling fairy tales for children (Plato 1892). In addition, in Roman times, freedom of speech is
only reserved for the powerful (Laura Robinson 1940).

Control also existed during the reign of Qin Shi Huang in China. Peggy Pancella
(2008) says Qin Shi Huangdi was the first emperor of China and he is always surrounded by
great armies. Qin Shi Huangdi is the emperor who so desperate for power that he wanted to
issue orders from grave after he died. He was a very cruel ruler and cannot accept any
criticism, criticism or opposition. Around the year 213BC, Emperor Qin Shi Huangdi began
to feel afraid because maybe history will tell about the badness of his rule. Therefore, he
directed all the books who told about him to be taken and publicly burned. However, some
scholars and officials disagree with Emperor Qin Shi Huangdi's actions and as punishment
they were buried alive. From this ancient history, then we cannot deny that censorship is not
existed in ancient times. For example above, Emperor Qin Shi Huangdi has blocked
dissemination of information by eliminating books during his reign.

Control in the media consists of several techniques; (1) Censorship where allow certain
parts and block certain parts; (2) Gatekeepers are commonly used in determining news. This
control applies in all media structure. For example, a reporter will decide which sources can
selected to be included in the news, the editor will determine which news can be issued
including the selection of media outlets. Outside of media organizations, individuals can also
act as gatekeepers, deciding what information can included in an email or in a blog; (3)
Access restrictions such as firewalls or firewalls are also used so that certain information
cannot be browsed by users through the internet by directly blocking a website.

In 1991, the United Nations declared May 3 as World Press Freedom Day (Abdul Aziz
Bari 2008). This declaration has been give awareness to the whole world that how important
freedom in this media world. Furthermore, society thinks that freedom is a human right and
must be fought for. According to Mafis Mohd Samuri (2012), The West puts the concept of
absolute freedom equal to rights, meaning every they have an absolute right to freedom.
Freedom is not only in terms of speaking but need to get complete information without any
censorship in the media.

Just like western countries, the emergence of the internet in Asian countries also
become a challenge to those countries. In reality, the concept of control and Internet freedom
is also debated in Asian countries including Malaysia. China one of the most densely
populated countries has taken proactive steps with control the internet (Zixue Tai 2012).
While in Malaysia it also guarantees freedom internet through the MSC Guarantee
Agreement 1996. Thus, the practice of the concept of control and this freedom depends on
the culture, custom, system and rules of a country.

Freedom is something that is demanded by all countries, communities or whatever

individual. The person most synonymous with freedom is Nelson Mandela. He a black
descendant from the country of South Africa and has devoted all live for the struggle of his
people. He has fought and fought skin dominance white and want an ideal democracy and a
free society where all people live in harmony. However, he was imprisoned in Robben Island
prison and on February 11, 1990 which is more than 27 years in prison he was released.
Africans look up to him because is a figure of the liberation of black people in South Africa
(Mochtar Lubis 1993). This is a brief story about freedom in the 60s.

Now, freedom especially in the media is still a debate in among academics, scientists,
members of Non-Governmental Organizations (NGOs) and also politicians. In general,
freedom is a state where no individual rights are bound or restricted. It means they can do
anything like sue knowledge, obtaining information, disseminating information and others.
however, this freedom is subject to the laws and regulations of a country. Para Scholars have
given various definitions of freedom. Freedom is one the ability of individuals to be
recognized about themselves and they will not be free until he began to free his thoughts and
life from the negative things around him (Rodeney 1992). In addition, it is also the right to
choose, to create oneself to a different option.

According to the Universal Declaration of Human Rights 1948 (UNESCO 1948),

Clause 19 stating that "everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers". In other words
everyone has the freedom to give an opinion, speak out, issue mind without being disturbed
and receiving and disseminating information through any media regardless of borders.

Freedom of information, freedom of information flow, balanced information flow, free

access to the media is a fundamental principle of freedom of expression and argue (MacBride
1980). Media freedom is also related to freedom individuals, freedom to receive and
disseminate information and access all media as a social communication tool. MacBride
(1980) has outlined two rights in the world media freedom such as the right to seek
information and the right to impart information. It is means having the right to obtain and
disseminate ideas, views, as well as any information through the media without any obstacles.
He also list some obstacles in the process of information flow such as physical violence and
intimidation, legal repression, blacklisting of journalists, ban a book and restrict professional
practice. In addition, he also emphasizing that this is not the only factor that is an obstacle in
obtaining information and even other factors such as economic and social pressure.
Inadequacy infrastructure is also an obstacle to freedom of information. In addition, process
determining the agenda by the news agency such as what should be published, what issues
are necessary are also discussed as factors of information barriers.

In the view of Lessig (2006) there are four types of internet control, first legal control.
This is known as the East Coast Standard Code. Lawrence emphasizes that most actions on
the internet can be regulated by legislation conventional. The internet has several pages such
as gambling, pornography children and others. However, pages that are difficult to control are
those involve transactions. This is because it has different boundaries. However, they are still
subject to traditional control because of all illegal activities laws in the virtual world are also
wrong in the real world. The second is a known architect as the West Coast Canon. Software
is a key element in this control. This matter because, software is used to block specific URLs,
locking programs as well block TCP or IP protocols.

NEW MEDIA CONTROL AND FREEDOM IN MALAYSIA

Vision 2020 aims to make Malaysia an advanced country in terms of fields political,
industrial, unity, social, spiritual by the year 2020 (Ahmad Sarji 2003). The sophistication of
today's technology also contributes and impacts to national progress. In line with Vision 2020
and focus on expanding the field of information and communication technology then the
government has taken various steps. The National Broadband Initiative (NBI) program was
also launched on March 24, 2010 by government. Based on the 2012 World Bank Report, the
number of internet users in Malaysia increasing until reaching 15,989,772.57 in 2010
(Trading Economics 2012). Malaysia is also ranked 21st as a Facebook user in the world.
More than half of Malaysia's population is an active internet user.

In Malaysia, in order to support progress in the cyber field, the government has
implement the MSC Malaysia Bill of Guarantees 1996 (MSC Bill of Guarantees). This is
intended promote the growth of the MSC status industry in Malaysia as well as the growth of
the industry information technology. "No Internet Censorship", is the seventh point in the
agreement which was made by Tun Dr. Mahathir bin Mohamed, former Prime Minister of
Malaysia through the Content of the Guarantee Bill (MSC 2011). The objective of this policy
is to realize Malaysia's vision to become a major ICT hub at the global level, therefore the
government realizes the important role of the internet in speeding up exchanges information
and innovation, as well as providing a foundation for continued improvement quality of work
and life. Although the Malaysian Government does not censor the internet, but the MSC
Guarantee Bill also says this does not mean anyone may distribute content that is illegal and
without regard to the law. The relevant ministries and agencies are required to take
appropriate measures for enforce existing laws.

Control in the internet is not something very easy and let alone deep a country that
practices internet freedom. Muhamad Adnan's study (2013) found among the main challenges
faced by the Malaysian government to controlling the internet is (1) the domain and web
hosting of a website is registered overseas; (2) it is difficult to locate or identify the suspect;
(3) registration false information; (4) very rapid technological development; and (5) difficult
monitoring the content. The results of his research also found there are four main advantages
of having control in the internet which are (1) develop the entertainment industry, (2) control
issues of defamation or improper matters, (3) give birth to a generation with noble character
and (4) be able to empower the laws of the country.

Malaysia does not have any specific act related to control new media. Among the laws
that often apply to media-related offences new is the Communications and Multimedia Act
1998, the Communications Commission Act and Multimedia 1998, Digital Signature Act
1997, Computer Crime Act 1997, Act Telemedicine 1997, Electronic Commerce Act 2006,
Electronic Government Activities Act 2007, Personal Data Protection Act 2010, Copyright
Act 1987 Amendment 2012 and Act Sedition 1948. The main purpose of government
intervention in internet media is to making the internet a harmonious and people-friendly
medium where there is none elements of internet abuse in addition to making the internet to
help government in national development.

In addition, consciously or unconsciously, most government departments and agencies

and the private sector in Malaysia has a small regulation known as the ICT Policy. Basically
generally the policy emphasizes more on how to use and maintain information technology
including internet networks. Each policy has several small rules of internet use that can be
said to be more aimed at control Internet usage.

New media do not make clear geographic boundaries and jurisdictions. However,
internet users are still physically present in the jurisdiction and are still subject to the laws of
where they are. For example person X are in the Malaysian area and surf the internet using
the server Singapore. However, person X is still subject to national law Malaysia. Therefore,
a transaction or activity through the internet includes three areas authority i.e. the law in
which the user resides, the law of law which applies to the place where the server host or
server host is located and the third law of the country that applies to the person or business
with which the transaction has been to be For example, user X in Malaysia who transacted
with other users in Japan through a server in Singapore then theoretically subject on the laws
of these three countries as they refer to the transaction done (Muhamad Adnan 2013).

In addition, the Malaysian Communications and Multimedia Commission (SKMM)

drafted the Code Content that contains standards and practices for the communications and
multimedia industry, provided by the Communications and Multimedia Content Forum
Industry Body Malaysia. This Content Code contains guidelines in the preparation of content
and outlines self-control procedures that can produce containers for giving birth to creativity,
innovation, and healthy development in an often-changing industry. Although however,
compliance with this code is voluntary.

Social media and the internet are often used by irresponsible parties as a place to
express their dissatisfaction, which is said to be a space for they voice their opinions. Views
and comments definitely not at all allowed to be published on print media can now be
expressed online. Their comments and opinions are getting bolder and wilder due to outside
difficulties identify the author. Using pseudonyms and hacking people's websites has become
the norm now. A study by Noor Ismawati Jaafar and Mohd Yahya Mohamed Ariffin found
(2016) the main motivation of new media users to continue Communicating on social media
is randomness, lack of demarcation and savings time.

Online news portals are also becoming more popular, including Malaysiakini,
Malaysian Insider, Merdeka Review, Free Malaysia Today, The Nut Graph and the Malaysia
Chronicle blog. All these news portals continue to provide space for writers to make
comments and analysis, including critical analysis of government policies. The government is
still trying to control the ownership of online media, particularly through provisions in the
Act Communications and Multimedia 1998, Sedition Act 1948, Federal Constitution and
some other acts.

Sa'adiah Mat Alip (2015) found that Facebook is the most social site popularly used
because it is the main choice of respondents which is 53.9%, Instagram, on the other hand, is
the second social site that is the choice of the respondents by 30.0% and followed by Twitter
by 15.6%. This study uses content analysis method as a method of analyzing data from 2
Facebook pages, 1 blog and 1 Twitter which is used as a space to insult the sovereignty of the
Sultan and the institution of the King Malaysia.